2022-01-20 | BWBV0001438 | Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand, inzake persistente organische verontreinigende stoffen

verdrag/protocol-bij-het-verdrag-van-1979-betreffende-grensoverschrijdende-luchtverontre/BWBV0001438/README.md

@@ -27,7 +27,12 @@ For the purposes of the present Protocol,
 9. “Emission” means the release of a substance from a point or diffuse source into the atmosphere;
 10. “Stationary source” means any fixed building, structure, facility, installation, or equipment that emits or may emit any persistent organic pollutant directly or indirectly into the atmosphere;
 11. “Major stationary source category” means any stationary source category listed in annex VIII;
-12. “New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force of: (i) this Protocol; or (ii) an amendment to annex III or VIII, where the stationary source becomes subject to the provisions of this Protocol only by virtue of that amendment. It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification.
+12. “New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of 2 years from the date of entry into force for a Party of:
+
+a) the present Protocol; or
+b) an amendment to the present Protocol that, with respect to a stationary source, either introduces new limit values in Part II of annex IV or introduces the category in annex VIII in which that source falls.
+
+It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification.
 
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@@ -58,11 +63,10 @@ Each Party shall:
 a) Reduce its total annual emissions of each of the substances listed in annex III from the level of the emission in a reference year set in accordance with that annex by taking effective measures, appropriate in its particular circumstances;
 b) No later than the timescales specified in annex VI, apply:
 
-(i) The best available techniques, taking into consideration annex V, to each new stationary source within a major stationary source category for which annex V identifies best available techniques;
+(i) The best available techniques, taking into consideration annex V, to each new stationary source within a major stationary source category for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques;
 (ii) Limit values at least as stringent as those specified in annex IV to each new stationary source within a category mentioned in that annex, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels;
-(iii) The best available techniques, taking into consideration annex V, to each existing stationary source within a major stationary source category for which annex V identifies best available techniques, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;
-(iv) Limit values at least as stringent as those specified in annex IV to each existing stationary source within a category mentioned in that annex, insofar as this is technically and economically feasible, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;
-(v) Effective measures to control emissions from mobile sources, taking into consideration annex VII.
+(iii) The best available techniques, taking into consideration annex V, to each existing stationary source within a major stationary source category for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;
+(iv) Limit values at least as stringent as those specified in annex IV to each existing stationary source within a category mentioned in that annex, insofar as this is technically and economically feasible, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions.
 
 **6.** In the case of residential combustion sources, the obligations set out in paragraph 5 b) (i) and (iii) above shall refer to all stationary sources in that category taken together.
 
@@ -209,7 +213,7 @@ A Party which is a regional economic integration organization may make a declara
 
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-The annexes to the present Protocol shall form an integral part of the Protocol. Annexes V and VII are recommendatory in character.
+The annexes to the present Protocol shall form an integral part of the Protocol. Annex V is recommendatory in character.
 
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@@ -217,11 +221,20 @@ The annexes to the present Protocol shall form an integral part of the Protocol.
 
 **2.** Proposed amendments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties meeting within the Executive Body shall discuss the proposed amendments at its next session, provided that the proposals have been circulated by the Executive Secretary to the Parties at least ninety days in advance.
 
-**3.** Amendments to the present Protocol and to annexes I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the ninetieth day after the date on which two thirds of the Parties have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance thereof.
+**3.** Amendments to the present Protocol and to annexes I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the ninetieth day after the date on which two thirds of those that were Parties at the time of their adoption have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance thereof. This paragraph shall be subject to paragraphs 5 bis and 5 ter below.
 
-**4.** Amendments to annexes V and VII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of ninety days from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification.
+**4.** Amendments to annex V shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of ninety days from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to annex V shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification.
 
-**5.** Any Party that is unable to approve an amendment to annex V or VII shall so notify the Depositary in writing within ninety days from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an annex shall become effective for that Party.
+**5.** Any Party that is unable to approve an amendment to annex V shall so notify the Depositary in writing within ninety days from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to annex V shall become effective for that Party.
+
+**5 bis.** For those Parties having accepted it, the procedure set out in paragraph 5ter below shall supersede the procedure set out in paragraph 3 above in respect of amendments to annexes I to IV, VI and VIII.
+
+**5 ter.** a) Amendments to annexes I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of one year from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of subparagraph (b) below;
+b) Any Party that is unable to approve an amendment to annexes I to IV, VI and VIII shall so notify the Depositary in writing within one year from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an annex shall become effective for that Party;
+c) Any amendment to annexes I to IV, VI and VIII shall not enter into force if an aggregate number of sixteen or more Parties have either:
+
+(i) Submitted a notification in accordance with the provisions of subparagraph (b) above; or
+(ii) Not accepted the procedure set out in this paragraph and not yet deposited an instrument of acceptance in accordance with the provisions of paragraph 3 above
 
 **6.**
 
@@ -244,6 +257,8 @@ b) The Parties shall evaluate the proposal in accordance with the procedures set
 
 **2.** The present Protocol shall be open for accession as from 21 December 1998 by the States and organizations that meet the requirements of article 15, paragraph 1.
 
+**3.** A State or Regional Economic Integration Organisation shall declare in its instrument of ratification, acceptance, approval or accession if it does not intend to be bound by the procedures set out in article 14, paragraph 5 ter as regards the amendment of annexes I to IV, VI and VIII.
+
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 The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who will perform the functions of Depositary.